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Already this year, there have been around 6000 people coming to the UK via small boat. There is roughly 75,000 people recorded who have travelled to the UK by small boat 2 years on from the bill’s announcement.
The Rwanda bill is trying to decrease the incentive for illegal immigrants to travel into the UK and therefore reduce the unsafe modes of transport people choose in their desperation for safety in a new country.
What does the Rwanda bill mean for Asylum seekers and is it safe?
The bill was first announced by former prime minister, Boris Johnson in 2022 which was known as the 'Migration and Economic partnership' or the 'Rwanda plan'. The aim was to reduce the amount of people who travel to the UK illegally and on unsafe small boats.
The bill would mean that any asylum seekers who come into the UK without documentation will be sent on a one-way flight to Kigali. The government planned that with the possibility of being sent to a third country this would deter people from traveling to the UK.
The bill has not yet had any asylum seekers sent to Rwanda and there is still a wait for the Commons and Lords to pass the bill.
The Times found that the UK government have also approached Costa Rica, Armenia, Ivory Coast and Botswana to create similar deals.
By the end of 2023, the UK government had paid Rwanda £240m and the total amount over 5 years is likely to reach £370m as predicted by the National Audit Office.
NAO report that up to £150,000 will be sent per person sent to Rwanda through this bill.
The cost of removing one person is around £63,000 more than keeping them in the UK. As the cost of the Asylum seeker system in the UK is around £4bn per year including £8m for hotel accommodation for people.
This raises the question of why they would stick to this plan when the cost is so great? One argument from Rishi Sunak was stated as the cost to the UK taxpayer for each Asylum seeker.
This bill means that the UK Government have declared Rwanda a safe country and allowing people to be sent there with nothing to go to.
The Law Society expresses their concern over the safety of the country and long-term safety as these people will have no way, at least no legal way to exit the country once again if they found it unsafe.
The Rwanda deal could lead to more unsafe territory for these people in a place where they have few options.
Rishi Sunak has expressed his eagerness to begin the scheme and for a decision to be made. He stated that in 10-12 weeks flights will start taking off transporting migrants to Rwanda.
It was announced that they have found 350 people whom have the weakest legal challenges and would be likely to be placed on a flight to Rwanda.
Several lawyers have stated their plan to fight for individuals case-by-case to get them taken off the flights which must be done 8 days after the individual receives their deportation letter.
The case to be made will be that the individual will face harm if they were to be sent to Rwanda and they personally will not be safe there.
Updated 22/4/23
Nespon Solutions has completed the acquisition of CloudBlue Services SAS, an industry focused salesforce consultancy in Colombia. Nespon Solutions support their clients and provide consulting as well as implementation services to address challenges within businesses.
This will help Nespon Solutions gain capabilities in Salesforce Industries for their financial services all whilst growing their reach and presence in the Americas.
The benefit for Cloud Blue is that of its customers as they will be able to access Nespon’s delivery model, global reach as well as their partner network.
Abeledo Gottheil Abogados SRL worked as external counsel for Nespon INC. during this acquisition. They drafted various versions of the SPA until the final version as well as assisting Nespon with negotiations, consulting on Colombian law and matters of Labor law. Abeledo Gottheil Abogados SRL are also counselling Nespon on closing and post-closing matters. The team included Joaquin Martinez, Pablo A. Pinnel, Fernando Font and corporate lawyer, Mercedes Ocampos.
Karo Healthcare has announced their acquisition of the rights to the OTC brand, Proctosedyl from Bayer. This allows the transfer of ownership to the OTC pharmaceutical Proctosedyl and exclusive license to their trademark in Italy, from Bayer to Karo.
This will expand Karo’s presence within Italy and continues their M&A ambitions of focusing on brands with strong equity.
Karo Healthcare were provided legal support by the team led by Stefano Giberti and Francesco Setti at Franzosi Dal Negro Setti which supported Karo throughout this acquisition.
On April 1st 2024, Humza Yousaf, the first Minister in Scotland introduced the Hate Law bill in an attempt to reduce the amount of hate crime those in targeted groups receive.
This bill makes it a criminal offense to incite any hated on the basis of age, race, religion, transgender identity, sexual orientation or disability. Any comments or action which is presented as threatening, abusive or has the intention to incite hatred will be treated under the new bill.
The penalty for those found guilty of hate crime has been set at a maximum of 7 years prison sentence.
The Scottish Police reported that they receive at least 3800 hate-crime complaints in the law’s first 3 days confirming that the public desire to have those making comments to be addressed.
In Scotland, prosecutors recorded 1,884 hate crime charges in 2022-23 relating to sexual identity and 55 relating to transgender identity.
The aim is to reduce the threat which those in the groups above are subject to either online or in person.
Rowling has been outspoken in her opposition to the hate law bill and argues that the prosecutions are too broad and leave it open to the chance of criminalising free expression. She has often been known to comment on social media about transgender people and making remarks which misgender and undermine their experiences.
When the bill came into action Rowling took to social media, writing, “Freedom of speech and belief are at an end…if the accurate description of biological sex is deemed criminal.”
Rowling has lived in Scotland since 1993 and dared the Scottish police to arrest her for the above remark. The Police assessed the comment and decided that this was not a threat and so there was no need for an arrest.
JK Rowling has been criticised as her comments heavily undermine the real violent threats which may transgender people are subject to and which the bill is hoping to help with.
Rishi Sunak has been defending Rowling and promising that his party will “always protect” free speech.
Elon Musk describes himself as a “free speech absolutist” as he began remoulding X from his takeover in 2022. He has commented on his belief that free speech should be preserved which has been part of his mission for X.
According to the Washington Post, research revealed a rise in hate speech, anti-Semitic posts and QAnon conspiracy theories has been found on X since Elon Musk bought the platform.
Comedians are also expressing concern about the bill, and whether this will limit what they can say during their sets. The Scottish Police have expressed that the bill will not target comments made in jest or expression of thoughts whether they are shocking or different. The bill is there to address violent and abusive comments which could become or are threats.
This merger creates one of the biggest groups in the hospice sector.
St Barnabas House in Worthing and Chestnut Tree House in Arundel will operate under their existing names and identities but be governed by one leadership team.
St Barnabas Hospice was advised by Girlings Solicitors with Caroline Armitage and by DMH Stallard with Jonathan Grant, supported by Ben Price and Simon Bellm.
“The success of this merger demonstrates Girlings’ ability to project its charity expertise beyond Kent.”
Anaam International holding group announces its capital increase through a SAR 236.25 million rights offering. They are offering SAR 551.25 million shares at SAR 0.50 each to increase the SAR 315 million to SAR 551.25 million.
‘Anaam Holding is a publicly listed company with activities in several sectors that historically covered: Livestock, Agriculture, Frozen food wholesale, and Third-party logistics upon company formation.’
KN&P provided legal counsel to Anaam International Holding Group which included conducting a thorough legal due diligence review of documents and records whilst identifying any potential risks affecting the rights issue. The KN&P team was led by Mohamed Alnafea, Khalid Nassar and Hanadi Jamjoom.
It was announced that OJ Simpson died on the 11 April 2024 at 76 years old from cancer which he had been battling for almost a year.
He was an NFL star for 11 seasons, playing primarily with the Buffalo Bills.
OJ Simpson is known for his football career but also widely known for the public trial which set his reputation on a new path in 1995 when he was the suspect of a murder.
In 1994 Nicole Brown Simpson and her friend, Ronald Goldman were murdered in LA, O.J. Simpson was an immediate prime suspect.
Simpson attempted an escape in the back of his friends car however, this was televised and he was caught and arrested. Britannica estimates there were around 95m views of this arrest.
The Motive of the Accused - The case declared his motive was due to evidence of domestic abuse towards his ex-wife, Nicole Brown Simpson prior to the murder.
There was evidence of OJ Simpson’s blood found on his sock along with the blood of the victim too.
The Legal team – Simpson’s attorney’s consisted of, F. Lee Bailey, Robert Blaiser, Shawn Chapman Holley, Robert Sharpiro, Alan Dershowitz and Robert Kardashian. This team was often referred to as, ‘The Dream Team.’
As the case was so public with the world divided on the case, those included on the case became public figures.
Jonnie Cochran was an attorney working on the case who made a substantial move for Simpson when making him try on the glove found at the scene, which seemed too small for OJ Simpson. This created Cochran’s famous line from the trial,
“If it doesn't fit, you must acquit.”
Cochran worked on many public cases in particular, those involving the African American community.
Simpson’s attorneys argued that evidence from the case had been mishandled and so could not be taken as true. Simpson’s attorneys had found evidence that Mark Fuhrman, the detective on the case had been using racial slurs when talking about OJ Simpson and was found to be racist about the defendant.
This argument was seen as a turning point in the case in 1995 as they declared racial motivation from the LA Police Department, as well as fuelling the public’s support of OJ Simpson as an African America fighting the system.
OJ Simpson was found not guilty in 1995, however the families of the victims decided to sue him for wrongful death.
This was the start of the civil trial in 1996 which found OJ Simpson guilty making him pay $35m to the victims families.
This case was seen as a huge moment for African Americans and their experience in the legal system, which often worked against black people. His verdict was both celebrated and condemned across the world.
Many Civil rights advocates view the trial as an example of the effects of wealth and privilege on the criminal justice system. OJ Simpsons fame and wealth were a huge supporting factor in his case, the question remaining of, would another African American from a different lifestyle fare so well in his position?
Robert Half found that 60% of law firms are hiring for new permanent roles, 36% of law firms say they plan to staff vacated permanent positions.
40% of legal professionals are looking for a new roles which helps managers recruit from a wide talent pool.
A survey from the American Bar Association revealed that almost 70% of law firms struggle to find qualified candidates to fill positions.
The demand for lawyers outweighs the supply and which is affecting law firms and the working hours of current legal professionals.
A survey done by Michael page recruitment consultants found that 55% of legal professionals believe the shortage of skilled lawyers to be the most substantial threat to the growth in the legal sector. This skill shortage is increasing the pressure on current employees in many law firms, as we know an already stressful job
In the past few years we have seen people become more comfortable with working from home and the flexibility this provides. With a better work life balance legal professionals can better manage their stress levels.
Legal professionals are now largely looking for jobs which can offer a competitive salary, flexible working arrangements as well as opportunities for career development.
Alexander Edwards, partner in Rosling King’s Banking team, reviews a recent case where the Court of Appeal reconsiders the test for determining if a material adverse change (MAC) had occurred within the context of a business acquisition. Furthermore, if there has been a breach of a MAC clause, what practical considerations can we take away from this decision going forward?
In Decision Inc Holdings Proprietary Ltd v Garbett [2023] EWCA Civ 1284, the Court of Appeal considered whether the High Court was wrong in ruling that a company had breached a warranty that there had been no material adverse change (MAC) in a target company’s prospects.
The Court of Appeal overturned the first instance decision of the High Court, on the basis that the High Court had applied the wrong test for determining if there had been a MAC. The Court of Appeal judgment does not set any new law; however, it provides useful guidance on how the Court will interpret MAC clauses.
The claim relates to a share purchase agreement (SPA), pursuant to which two individuals (the Sellers) agreed to sell to, Decision Inc Holdings Proprietary Limited (the Buyer), the issued shares in an IT consultancy company, then known as Copperman Consulting Limited (the Company).
As part of the due diligence process in the lead up to the parties entering into the SPA in October 2018, the Sellers provided the Buyer with a number of documents which had a bearing on the Company’s financial position.
The success of the Company was linked to the continual winning of large and lucrative mandates from clients, meaning that the pipeline documents provided by the Sellers were essential for the Buyer to assess the financial state of the Company.
Shortly after entering into the SPA, the Buyer received further documents which had a bearing on the Company’s financial position, most notably, monthly accounts for August 2018 and September 2018, which revealed significant net losses in the Company’s turnover.
It became apparent to the Buyers that the actual financial position of the Company did not correspond with the financial prospects initially provided by the Sellers pre-completion. Subsequently, the Buyer issued a claim for breach of warranty against the Sellers alleging that there had been a MAC in the turnover or prospects of the Company at the time the SPA became effective, and that the records of the Company were not accurate.
The High Court suggested that the issue between the parties was “relatively straightforward” – the Sellers sold the Company to the Buyer, the Company performed substantially worse than expected in the months after the acquisition, and the Buyer feels that they were misled.
To establish if there had been a MAC, the High Court adopted a threefold approach:
The High Court concluded that there had been a change between the baseline figure and the actual figure, and that the change had been both “material” and “adverse”. Consequently, there had been a MAC.
The Court of Appeal stated that the High Court had applied the wrong test for determining whether there had been a change in the Company’s prospects. The Court of Appeal’s rationale for finding against the Buyer and upholding the appeal was as follows:
To reiterate, the Court of Appeal judgment does not set any new law; however, it provides useful guidance on how the Court will interpret MAC clauses.
Ultimately, the best way to avoid uncertainty and, possibly, costly and protracted litigation proceedings, is to ensure that any MAC clause is drafted clearly and unambiguously, with sufficient detail in respect to the particular transaction.
Alexander Edwards acts for clients in connection with finance, commercial and corporate matters, specialising in real estate debt finance, including senior and mezzanine loans, bridging finance as well as restructuring existing loan facilities. In addition, Alex’s construction law expertise allows him to provide a comprehensive service to his clients on development finance transactions, dealing with both the finance and construction elements.
Alex also advises on all forms of contentious and non-contentious insolvency situations, mergers and acquisitions, corporate and commercial contracts, and corporate governance issues.
Rosling King LLP is a London-based law firm specialising in serving the needs of financial institutions, corporates and individuals. For more information, please visit www.rkllp.com.
For further information please contact Alexander Edwards at Rosling King LLP on alexander.edwards@rkllp.com or 020 7246 8061.
Decathlon has announced the opening of a new store in Clerys Quarter in Dublin’s city centre which is expected to see busy days ahead in this sought-after location.
Decathlon is a French retail company providing an array of sporting goods in over 50 countries and is known as the largest sporting goods retailer worldwide.
The company has taken a 30-year lease on the unit which is set to open later in 2024.
Dillon Eustace advised Decathlon throughout this deal and their team was led by Kelly O’Hara, Partner, Real Estate and included Breifne Muldoon and Amy Murphy, Associates in Real Estate.
This was our first time working with Decathlon and we were delighted to help them lease such a high-profile new store. The store forms part of an historic building in Dublin city centre which has been re-developed as a mixed-use retail, office and restaurant scheme. As team lead, I made sure that the Dillon Eustace team spent a lot of time getting to know the Decathlon team and their technical advisors. It was vital that we understood their practical requirements for both store opening and store operation to ensure that these would be reflected in the lease and related transactional documents.
This was our first time working with Decathlon and we were delighted to help them lease such a high-profile new store
It was necessary to work as a project team to address the issues arising and to meet the target dates. Our team includes specialist construction lawyers who oversaw the review of the construction and design team documents for the deal. Another colleague undertook a review of the landlord’s title and planning documents while I led the lease negotiations, with the whole team working together to report to our client, take instructions and deliver the project on terms acceptable to our client.
The deal represents the first city centre premises and multi-tenanted building that Decathlon has leased in Ireland. As a new project for the Decathlon team in Ireland, there were many “learnings” to which we were delighted to contribute, and which will stand our client in good stead on future deals to expand its footprint in Ireland. We have assisted many new entrants to the real estate market and we pride ourselves in working closely with our clients to help them expand their businesses. As a multi-disciplinary practice, we provide advice across the legal spectrum to include the establishment of vehicles for real estate projects and the provision of specialist tax advice.
As a firm, we are well known for providing detailed legal and pragmatic advice and working hand in glove with our clients to achieve their goals.
Although the Clerys building is a protected structure and the current building dates from 1922, it has been extensively re-developed over the past few years. It was important for our team to understand the re-developed building and the rights that our client would require to operate its store, including for deliveries, tenant plant, flexibility in relation to store layout and window displays. We were also mindful of the historic façade and features of the building and we worked closely with our client, its agent and the developer’s solicitors to address all these issues in the lease.
It was challenging to meet the short timeframe for the deal. We undertook the project in a spirit of a collaboration with our client and the developer’s team to ensure the timeframe was met. To the extent that issues arose, these were raised, teased out and addressed pragmatically. As the store fronts onto O’Connell Street, the historic thoroughfare in the heart of Dublin, a key concern surrounded the extent to which external matters such as roadworks or parades, might impact on trade. This is clearly an issue for any city centre premises and underscores the need for city centre businesses to work together to address such issues with all interested parties, including the local authority, should they arise.
Decathlon is presently fitting out its store. We are on hand to assist with any issues that arise with this, including in relation to obtaining all necessary statutory consents. Our client is also required to deliver various documents to the landlord at the end of this process and we will work with them to ensure these obligations are met.
